Page:United States Statutes at Large Volume 98 Part 2.djvu/832

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 1992

PUBLIC LAW 98-473—OCT. 12, 1984

"(I) five days or less, or if no imprisonment is authorized, as an infraction. "(b) EFFECT OF CLASSIFICATION.—An offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation except that: "(1) the maximum fine that may be imposed is the fine authorized by the statute describing the offense, or by this chapter, whichever is the greater; and "(2) the maximum term of imprisonment is the term authorized by the statute describing the offense. "SUBCHAPTER B—PROBATION "Sec. "3561. Sentence of probation. "3562. Imposition of a sentence of probation. "3563. Conditions of probation. "3564. Running of a term of probation. "3565. Revocation of probation. "3566. Implementation of a sentence of probation.

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18 USC 3561.

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18 USC 3562.

"SUBCHAPTER B—PROBATION "§ 3561. Sentence of probation "(a) IN GENERAL.—A defendant who has been found guilty of an offense may be sentenced to a term of probation unless— "(1) the offense is a Class A or Class B felony; "(2) the offense is an offense for which probation has been expressly precluded; or "(3) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense. The liability of a defendant for any unexecuted fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation. "(b) AUTHORIZED TERMS.—The authorized terms of probation are— "(1) for a felony, not less than one nor more than five years; "(2) for a misdemeanor, not more than five years; and "(3) for an infraction, not more than one year. "§ 3562. Imposition of a sentence of probation "(a) FACTORS TO B E CONSIDERED IN IMPOSING A TERM OF PROBA-

Post, p. 2015. Post, p. 2011.

TION.—The court, in determining whether to impose a term of probation, and, if a term of probation is to be imposed, in determining the length of the term and the conditions of probation, shall consider the factors set forth in section 3553(a) to the extent that they are applicable. "(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the fact that a sentence of probation can subsequently be— "(1) modified or revoked pursuant to the provisions of section 3564 or 3565; "(2) corrected pursuant to the provisions of rule 35 and section 3742; or "(3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. .,....» ...,„.4